closer to trustworthiness is more entitled to it. Thus, if there is a Christian woman who has a Christian paternal uncle, a Christian brother, and a Muslim father, then according to the author’s view, her brother or paternal uncle should marry her off, because they share her religion. As for her Muslim father, he would be told, “Go away,” even though we know that the person most concerned for a woman’s welfare is her father. Therefore, the preponderant view is that a difference in religion does not prevent guardianship when the guardian is superior to the woman in religion. The reverse, however, is impossible: a Christian cannot marry off his Muslim daughter, for Allah says:
“And never will Allah grant the disbelievers a way over the believers.” [al-Nisa’ 4:141]
If we stipulate uprightness for a Muslim guardian—and this is more specific than mere Islam—then stipulating Islam itself is even more warranted.
But can a disbelieving woman be the guardian of a Muslim? This is inconceivable, because if a Muslim woman disbelieves, she is an apostate and is not allowed to remain upon her religion; rather, she is told: “Embrace Islam, or be executed.”
Can a Christian marry off his Jewish daughter? Both religions are false, and there is no distinction between these two religions and other religions except where the Sacred Law has made a distinction: namely, the permissibility of their women in marriage and of their slaughtered animals. Otherwise, with respect to religious worship, they are alike. Thus, the Buddhist who worships his god, Buddha, is like the Christian who worships the Messiah in terms of religion. As for legal rulings, it is well known that Allah Most High has granted greater latitude in dealings with Jews and Christians than He has granted to followers of other religions.
The sixth condition is his statement: “uprightness,” which means soundness in one’s religion and honorable conduct. One who is not upright cannot validly serve as a guardian, because this is a discretionary guardianship, in which the guardian considers what is most beneficial for the woman. Therefore, trustworthiness is stipulated, and an immoral person is not